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Fair Work Act 1994
Div 5Miscellaneous
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Division 5—Miscellaneous
110—Costs
(1) If an application under this Part proceeds to hearing and SAET is satisfied that a party to the proceedings clearly acted unreasonably in failing to discontinue or settle the matter before the hearing concluded, SAET may, on the application of the other party to the proceedings, make an order for costs (including—if relevant—the costs of representation) against the party.
(2) If an employee discontinues proceedings under this Part more than 14 days after the conclusion of the conference of the parties, SAET may, on the application of the employer, make an order for costs (including—if relevant—the costs of representation) against the employee if SAET is satisfied that the employee has acted unreasonably.
(3) An application for an order for costs under this section must be made within 14 days after the determination or discontinuance of the proceedings.
111—Decisions to be given expeditiously
(1) SAET must hand down its determination on an application under this Part, and its reasons for the determination, within 3 months after the parties finish making their final submissions on the application.
(2) The President may extend the time for handing down a determination, or the reasons for a determination, but only if there are special reasons in the circumstances of the individual case for doing so.